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HomeMy WebLinkAboutCC Reso No 2007-035RESOLUTION NO. 2007-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-09 FOR THE RENOVATION OF THE MISSION TRAIL SHOPPING CENTER COMPLEX WHEREAS, Peter Noll, Colbum-Currier & Noll Architects, has initiated proceedings far Commercial Design Review No. 2006-09 far the renovation of an existing shopping center complex consisting of six separate buildings and related improvements located at 31904 & 31928 - 31948 Mission Trail at APN 363-172- 007, 009 & 010; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 20, 2007 made its report upon the desirability and made its recommendation in favor of the project by adopting Planning Commission Resolution No. 2007-34 Recommending to the City Council approval of Commercial Design Review No. 2006-09; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 13, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed project prior to making a decision to approve Commercial Design Review No. 2006-09. The City Council finds and deternunes that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to a Class 1 exemption for existing facilities because the Project involves renovation of an existing shopping center and there will be negligible expansion of use beyond that which exists at the time that the City is considering this application. (See 14 C.C.R. § 15301.). SECTION 2. That in accardance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings far the approval of the Commercial Design Review No. 2006-09: CITY COLINCIL RESOLUTION NO. 2007-35 PAGE 2 OF 3 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The Commercial Design Review complies with the goals and objectives of the General Plan in that the approval of this shopping center renovation Project will assist in the rehabilitation and revitalization of one of the City's aging commercial centers serving to encourage commercial land uses and to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Commercial Design Review is appropriate to the site and surrounding developments in that the shopping center renovation has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. Further, the Project, as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a"Contemporary Tuscan " architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 1 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the renovation creates the least amount of disturbance and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. CITY COiTNCIL RESOLUTION NO. 2007-35 PAGE 3 OF 3 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorparated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 13th day of March 2007, by the following vote: AYES: COLJNCILMEMBERS: Buckley, Hickman, xelley Schiffner, Magee NOES: COLJNCILMEMBERS: None ABSENT: COUNCILMEMBERS: tvone ABSTAIN: COLJNCILMEMBERS: lvone Robert E. Mag~e, Mayor City of Lake Elsinare ~ T~i~~;~a C.o ~~ Michelle Soto, Interim City Clerk City of Lake Elsinore ~ City Attorney City of Lake Elsinore CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page lof7 PLANNING General Conditions: I. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project attached hereto. 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside CountY Clerk in the amount of $64.00. to enable the City to file the Notice of Exemption. Said filing fee shall be provided to the City within 48 hours of project approval. 3. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. City C.ouncil Approved M'lrch 13, 2007 CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 2 of7 6. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The proposed location of on site construction trailers shall be approved by the Community Development Director or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 8. The applicant shall comply with all applicable City codes and ordinances. Commercial Design Review No. 2006-09: 9. Approval for Commercial Design Review No. 2006-09 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 10. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 11. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 12. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. City CDuncil Approved M1.fch 13, 2007 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 3 of7 13. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 15. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 16. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 17. No exterior roof ladders shall be added. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Stucco Color: Expo Stucco, "Benavento" Stucco Color: Expo Stucco, "Heritage Beige" Stucco Color: Expo Stucco, "Tradewind" Stone Veneer: Eldorado Stone: "Sierra" Mountain Ledge Storefront: Kawneer, "Medium Bronze" #28 Roofing: Eagle Roofing, Capistrano, "Sunset Blend" #3646 City C.ouncil Approved March 13, 2007 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 4of7 19. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. Prior to Issuance of Building/Grading Permit: 20. Prior to issuance of Building Permit, the applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1- foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5-foot candles is achieved at building entrances. 21. Prior to issuance of Building Permit, the applicant shall revise the west elevation of Building D so as to incorporate decorative arched elements. The specific design of the enhancements shall be reviewed and approved by the Director of Community Development or designee. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. City Council Approved March 13, 2007 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 5of7 e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans to include planting and irrigation details. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and .labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. 1. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, the .applicant shall provide assurance that the Public Building Impact Fee has been paid. 25. Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 26. Prior to issuance of building permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. City Council Approved M'trch 13, 2007 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEWNO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 6of7 27. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. Uniform Sign Program No 2007-02: 28. The applicant shall apply for a sign permit and pay appropriate processing fees for any sign installed at the project site. 29. The location, size, style, design, illumination and color for all signs shall comply with the Uniform Sign Program (Approved herein). Any additions or revisions to the Uniform Sign Program shall require Planning Division review and approval. 30. The Design Review approval for Uniform Sign Program No. 2007-02 for the project known as Mission Trail Shopping Center shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon change of ownership of the site. ENGINEERING DEPARTMENT 31. The applicant shall obtain an encroachment permit for any work performed in public right of way. 32. The applicant shall dedicate 10' of right-of-way on Mission Trail such that the ultimate right-of-way width to centerline is 60 feet. 33. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85-26) if applicable, shall be paid prior to issuance of building permit. 34. The applicant shall reconstruct the broken sidewalk and driveway located on the northerly portion of the project. City C,ouncil Approved March 13,2007 CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-09 & UNIFORM SIGN PROGRAM NO. 2007-02 Page 7of7 35. No Parking signs shall be installed or marked at drive locations behind the buildings where the drive width is constrained or could limit access of emergency vehicles. 36. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 37. The applicant shall provide adequate safety lighting along the easterly perimeter of the project. 38. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. . 39. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITY SERVICES DEPARTMENT 40. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. BUILDING AND SAFETY DEPARTMENT 41. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of Certificate of Occupancy. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 42. Pursuant to AB 2926, AB 1600 and AB 181, the owner/developer shall pay the maximum allowable commercial school fee prior to the issuance of a Certificate of Occupancy. Gty Council Approved M1.rch 13, 2007